Munna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21775 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- PIPRA District- East Champaran ====================================================== Munna Singh S/O Late Rameshwar Singh Resident of village-Bediban Madhuban Tola Chanp, P.S. Pipra, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 435/34 of the Indian Penal Code.
3. According to F.I.R., when the informant was at her house, this petitioner along with other accused person and five unknown miscreants, armed with weapons, entered into her house, dragged her outside the house and outraged her modesty. It is further alleged that co-accused Deepak Kumar assaulted sister-in-law of the informant and this petitioner is alleged to have set the house on fire due to which all the valuable household articles were burnt to ashes.
4. It is submitted that both parties are agnets and due to bickering over land dispute, this false and concocted case has
Patna High Court CR. MISC. No.21775 of 2023(3) dt.27-07-2023 2/2 been lodged only with a view to exert pressure on the petitioner. During course of investigation, no burnt articles were recovered at the alleged place of occurrence and as such, no offence under Section 435 is made out and allegation under Section 354(B) is ornamental to make the case grave. Petitioner has got clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Chmaparan, Motihari in connection with Pipra P. S. Case No. 347 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T